Case study—challenging jurisdiction by non-participation (AA 1996, s 72)—arbitration claim form
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  • Case study—challenging jurisdiction by non-participation (AA 1996, s 72)—arbitration claim form

Case study—challenging jurisdiction by non-participation (AA 1996, s 72)—arbitration claim form

For the sample case study arbitration claim form, see the link on the right hand side.

The key issues when drafting a section 72 of the Arbitration Act 1996 (AA 1996) application using an arbitration claim form include the following:

  1. use the correct court form—the application must be made on a Form N8 Claim Form (arbitration)

  2. claimant/defendant boxes—the claim form must identify clearly the claimant and the defendant in these court proceedings and which party is the claimant and the respondent in the underlying arbitration. Specify all the persons on whom the arbitration claim form is served, stating their role in the arbitration proceedings and whether they are defendants

  3. identify the basis of the order—ensure that you set out clearly that you are seeking an order pursuant to AA 1996, s 72

  4. identify the grounds for the order—provide a short summary of each of the grounds for seeking the order on the claim form itself. Further

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